Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 80AB

  (1)   The Court may stay the operation of an injunction granted under section   80 if:

  (a)   the injunction is in respect of conduct that constitutes or would constitute a contravention of subsection   45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section   45EA or an associated contravention; and

  (b)   there is a proceeding in respect of a dispute relating to the conduct pending before a court, tribunal or authority of a State or Territory under a prescribed provision of a law of the State or Territory; and

  (c)   the conduct relates to the supply of goods or services to, or the acquisition of goods or services from, a person who is or becomes a party to the proceeding referred to in paragraph   (b); and

  (d)   any of the following has applied for the stay:

  (i)   a Minister of the Commonwealth;

  (ii)   if subparagraph   (b)(ii) applies--a Minister of the State or Territory concerned;

  (iii)   a party to the proceeding for the injunction; and

  (e)   the Court considers that granting the stay:

  (i)   would be likely to facilitate the settlement of the dispute by conciliation; and

  (ii)   would, in all the circumstances, be just.

  (2)   An order staying the operation of the injunction may be expressed to have effect for a specified period and may be varied or rescinded by the Court at any time.

  (3)   If the proceeding referred to in paragraph   (1)(b) is terminated because the State or Territory court, tribunal or authority has settled the dispute to which the conduct relates by conciliation, the Court must not make any order in relation to the costs of the proceedings in respect of the granting of the injunction or in relation to the costs of any proceedings for the rescission of the injunction.

  (4)   Nothing in this section affects other powers of the Court.

  (5)   In this section:

"associated contravention" means:

  (a)   attempting to contravene subsection   45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section   45EA; or

  (b)   aiding, abetting, counselling or procuring a person to contravene any of those provisions; or

  (c)   inducing, or attempting to induce, a person (whether by threats, promises or otherwise) to contravene any of those provisions; or

  (d)   being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of any of those provisions; or

  (e)   conspiring with others to contravene any of those provisions.

"injunction" includes an interim injunction.